Workplace Discrimination Against Natural Hair is Now Illegal in Nebraska
BY Ashley Salem and Emily Chen-Newton
Senator Terrell McKinney, who represents the North Omaha area, said the passing of LB451 “opens doors for more legislation addressing issues with race and discrimination." McKinney, along with I Be Black Girl CEO Ashlei Spivy, Professor Doris “Wendy” Greene of Drexel University, and Candy Jones, were recognized by Governor Pete Ricketts for their work and success passing LB451. The bill, which Ricketts has now signed into law, deems workplace discrimination on the basis of natural hair unlawful in the state of Nebraska. The celebration of the bill's passing also comes on the first day that Juneteenth is a federally recognized holiday. "It is fitting that we come together today to '#freethehair'," said Dr. Greene.
Ashlei Spivey, CEO of I Be Black Girl which advocated strongly for the bill, addressed the crowd with a message that the work is not done yet. “I hope you stick with us,” she said. “This is not going to be the only piece of legislation that we advocate for. [...] We want to see people building inclusive practices- not just around hair, but all identities and aspects of folk’s gender identity, their race and culture, (and) sexual orientation.”
When the anti-hair discrimination bill was first introduced by Machaela Cavanaugh and passed by the unicameral last year, Governor Ricketts vetoed the bill. Today (June 18) he told NOISE he vetoed the bill last year because he wanted exceptions added to the bill for “Nebraska State Patrol and The Nebraska National Guard''. Those changes, which the governor said are related to “health and safety” can be seen in the image to the right.
Legal scholars have developed a theory (in the 1980s) seeking to explain how systematized practices like workplace discrimination against natural Black hair are part of a larger web of systemic racism in the US. Critical Race Theory asserts that certain systems fundamental to America have racialized backbones allowing inequalities to persist for centuries. Scholars of CRT suggest that it can be a tool to examine our nation and society and to eventually change such systems. Dr. Greene who advocates for such bills such as LB451 nationwide calls the signing of this bill “Critical Race Theory in action”. But Governor Ricketts has been outspoken against this concept saying it has “Marxist roots” and that it will “pit the American people against one another”.
When asked by NOISE how he can sign this bill into law and still stand opposed to CRT, he replied that the passing of this bill shows that, “Critical Race Theory actually isn’t founded. That it is actually possible within the institutions to make changes...it doesn't always happen as fast as people want, but change can happen.”
NOISE: “So even though it’s taken till the year 2021, you think it still proves that Critical Race Theory is wrong?”
Ricketts: “Right.”
Dr. Greene however, emphasizes there is a deep connection between CRT and this new law, “It's really important when we think about LB 451 to place it in historical context because our literal freedom or being subject to forms of enslavement or other forms of racial oppression really could be contingent upon the texture of our hair. [...] This is Critical Race Theory in practice.” Greene further clarified, “It’s not an abstract concept. But it’s really being able to appreciate and better understand the ways in which race and systems of racial subordination and oppressions and dominance really continue to have really strong and deep vestiges and impact the ways that we are navigating our lives, and the freedom of which we are able to do so.”